Peanut Corporation Of America
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Peanut Corporation of America (PCA) was a
peanut The peanut (''Arachis hypogaea''), also known as the groundnut, goober (US), pindar (US) or monkey nut (UK), is a legume crop grown mainly for its edible Seed, seeds. It is widely grown in the tropics and subtropics, important to both small ...
-
process A process is a series or set of activities that interact to produce a result; it may occur once-only or be recurrent or periodic. Things called a process include: Business and management *Business process, activities that produce a specific se ...
ing business which is now defunct as a result of one of the most massive and lethal food-borne contamination events in U.S. history. PCA was founded in 1977 and initially run by Hugh Parnell, father of Stewart Parnell, with him and two other sons. The company was sold in 1994–1995 with the senior Parnell retiring, and with Stewart Parnell and others remaining with the new company as consultants. In 2000, control of PCA returned to Stewart Parnell via a private sale. Over this history, PCA came to operate processing facilities in
Blakely, Georgia Blakely is a city and the county seat of Early County, Georgia, United States. As of the 2010 census, it had a population of 5,068. It is located approximately halfway between Columbus and Tallahassee, Florida on U.S. Route 27. History Blakel ...
, Suffolk, Virginia, and Plainview, Texas, providing peanut and peanut butter products primarily to the "institutional food" market (schools, prisons and
nursing home A nursing home is a facility for the residential care of elderly or disabled people. Nursing homes may also be referred to as skilled nursing facility (SNF) or long-term care facilities. Often, these terms have slightly different meanings to in ...
s), to food manufacturers for use in cookies, snacks, ice cream, and dog treats, and to other markets. PCA permanently halted its operations after it was found to be the source of a massive '' Salmonella'' outbreak in the U.S., during late 2008 and early 2009. By 2007, prior to closing its doors, PCA had grown to 90 employees and was doing $25 million in annual sales. It has been estimated to have been manufacturing roughly 2.5% of processed peanuts in the U.S. at that time. The 2008 contamination followed a long history of food quality issues. There had been concerns about sanitation at the company since at least the mid-1980s, when the company was run by its founder, Stewart Parnell's father, Hugh Parnell. In addition, in the years just prior to its sale and Hugh Parnell's retirement, PCA was sued: by
American Candy Company The American Candy Company is a confectioner specializing in old-fashioned hard candies. History The American Candy Company was founded in 1899 in Selma, Alabama. The company was sold by the Gibson Family in 1989 to the Pinkerton Group in Richm ...
in 1990, and by Zachary Confections Inc. of Frankfort, Indiana in 1991, after discovery that PCA's peanut products exceeded the FDA tolerance level for
aflatoxin Aflatoxins are various poisonous carcinogens and mutagens that are produced by certain molds, particularly ''Aspergillus'' species. The fungi grow in soil, decaying vegetation and various staple foodstuffs and commodities such as hay, sweetcorn ...
, a mold-derived toxin common to peanuts. Moreover, as a result of the coming contamination event, investigations would show that some PCA processing was being done without FDA knowledge and oversight, and other food handling and processing areas had gone long periods without federal inspection. In late 2008 and early 2009, as a result of the ''Salmonella'' contamination event, 9 people died and at least 714 people fell ill, all from food poisoning after eating products containing contaminated peanuts. This contamination triggered the most extensive
food recall A product recall is a request from a manufacturer to return a product after the discovery of safety issues or product defects that might endanger the consumer or put the maker/seller at risk of legal action. The recall is an effort to limit ruin ...
in U.S. history up to that time, involving 46 states, more than 360 companies, and more than 3,900 different products manufactured using PCA ingredients. The contamination and recall had immediate major ramifications for the market of this set of farm products. On February 13, 2009, Peanut Corporation of America ceased all manufacturing and business operations, and filed for
Chapter 7 bankruptcy Chapter 7 of Title 11 of the United States Code (Bankruptcy Code) governs the process of liquidation under the bankruptcy laws of the United States, in contrast to Chapters 11 and 13, which govern the process of ''reorganization'' of a debto ...
liquidation. As of February 2009, a federal criminal investigation was continuing, and at least a dozen civil lawsuits had been filed. In September 2015, Stewart Parnell was sentenced to 28 years in federal prison for his role in the nationwide outbreak. Stewart's brother, Michael Parnell, was sentenced 20 years in prison.


Scope of business

Hugh Parnell Sr. founded Parnell's Peanuts, in Gorman, Texas in 1977 selling to consumers, bakeries and manufacturers (candy, ice cream, and snacks). In 1990 the
FDA The United States Food and Drug Administration (FDA or US FDA) is a federal agency of the Department of Health and Human Services. The FDA is responsible for protecting and promoting public health through the control and supervision of food ...
found PCA distributing peanuts with high levels of aflatoxins, caused by mold that grows in nuts and seeds. In 1992 the American Candy Company sued PCA for lost inventory that had used PCA nuts contaminated with aflatoxins. The company was sold in 1994–1995, with the senior Parnell retiring, and with Stewart Parnell and others remaining with the new company as consultants. In 2000, control of PCA returned to Stewart Parnell via a private sale. Over its history, PCA came to operate processing facilities in
Blakely, Georgia Blakely is a city and the county seat of Early County, Georgia, United States. As of the 2010 census, it had a population of 5,068. It is located approximately halfway between Columbus and Tallahassee, Florida on U.S. Route 27. History Blakel ...
, Suffolk, Virginia, and Plainview, Texas, providing peanuts, peanut butter, peanut meal, and peanut paste to an institutional food market—to schools, prisons, and
nursing home A nursing home is a facility for the residential care of elderly or disabled people. Nursing homes may also be referred to as skilled nursing facility (SNF) or long-term care facilities. Often, these terms have slightly different meanings to in ...
s—as well as to low-budget retail outlets such as
dollar store A variety store (also five and dime (historic), pound shop, or dollar store) is a retail store that sells general merchandise, such as apparel, automotive parts, dry goods, toys, hardware, home furnishings, and a selection of groceries. It us ...
s and to food manufacturers for use in cookies, snacks, ice cream, and dog treats. It has been estimated to have been manufacturing roughly 2.5 percent of processed peanuts in the U.S. at its height, with 90 employees and $25 million in annual sales in 2007. The company filed for Chapter 7 bankruptcy and permanently halted its processing and sales operations, after being found to be the source of a massive ''Salmonella'' outbreak in the United States beginning in 2008.


Aflatoxin suits

PCA was sued in 1990 by the
American Candy Company The American Candy Company is a confectioner specializing in old-fashioned hard candies. History The American Candy Company was founded in 1899 in Selma, Alabama. The company was sold by the Gibson Family in 1989 to the Pinkerton Group in Richm ...
after the FDA discovered that PCA's peanut butter exceeded the FDA tolerance level for
aflatoxin Aflatoxins are various poisonous carcinogens and mutagens that are produced by certain molds, particularly ''Aspergillus'' species. The fungi grow in soil, decaying vegetation and various staple foodstuffs and commodities such as hay, sweetcorn ...
, a mold-derived toxin common to peanut production; American Candy had turned the peanut butter into 8,000 unshipped cases of "kisses" for
Wal-Mart Walmart Inc. (; formerly Wal-Mart Stores, Inc.) is an American multinational retail corporation that operates a chain of hypermarkets (also called supercenters), discount department stores, and grocery stores from the United States, headquarter ...
. Another lawsuit was brought by Zachary Confections Inc. of Frankfort, Indiana, in 1991, after a 40,020-pound shipment of nuts from PCA was also found to have an unacceptably high level of aflatoxin.


Nestlé inspection

In January 2006,
Nestlé Nestlé S.A. (; ; ) is a Swiss multinational food and drink processing conglomerate corporation headquartered in Vevey, Vaud, Switzerland. It is the largest publicly held food company in the world, measured by revenue and other metrics, since ...
completed an onsite audit of PCA's Plainview plant, and gave it a "Does Not Meet Standards" score on nearly all 40 inspection areas. Months after, PCA hired Kenneth Kendrick as assistant plant manager at the Plainview plant.


FDA oversight before 2008

In 2001, FDA inspectors also found that products from the Blakely plant were potentially exposed to insecticides, according to a report obtained by the Associated Press.Insecticide found in peanut plant during 2001 tour
Associated Press The Associated Press (AP) is an American non-profit news agency headquartered in New York City. Founded in 1846, it operates as a cooperative, unincorporated association. It produces news reports that are distributed to its members, U.S. newspa ...
, February 6, 2009
According to Virginia state inspection records, the PCA blanching operations in Suffolk, Virginia, had some of the same food safety problems that would be found in the company's Georgia plant (see below). Inspection in 2008 found mold on "totes" holding peanuts, counted 43 mouse droppings on the floor, and saw a live bird walking and flying inside the warehouse.Reports show safety problems at Suffolk peanut processor
News & Advance ''The News & Advance'' is the daily newspaper of record in Lynchburg, Virginia, United States. Its primary circulation area consists of the city of Lynchburg and the surrounding counties of Amherst, Appomattox, Bedford, and Campbell. ''The Ne ...
, February 11, 2009
Peanut blanching plant in Virginia had Salmonella risks
CNN, February 9, 2009


Salmonella contamination of products


Discovery and impact

In late 2008 and early 2009, nine people died and at least 714 people in 46 states, half of them children, fell ill due to food poisoning from eating products containing contaminated peanuts, according to the
Centers for Disease Control and Prevention The Centers for Disease Control and Prevention (CDC) is the national public health agency of the United States. It is a United States federal agency, under the Department of Health and Human Services, and is headquartered in Atlanta, Georgi ...
(CDC). Among persons with available information, 23% reported being hospitalized. The real numbers were believed to be much higher, since for every reported case of salmonellosis, on average, another 38 or so cases go unreported, according to the CDC.First Florida Salmonella poisoning linked to peanut plant reported
The News-Press ''The News-Press'' is a daily broadsheet newspaper located in Fort Myers, Florida, serving primarily Lee County, as well as parts of Hendry, Collier, and Charlotte Counties. The paper publishes several editions of its "Local & State" (metro) s ...
, February 5, 2009
A combination of epidemiological analysis and laboratory testing by state officials in
Minnesota Minnesota () is a state in the upper midwestern region of the United States. It is the 12th largest U.S. state in area and the 22nd most populous, with over 5.75 million residents. Minnesota is home to western prairies, now given over to ...
and
Connecticut Connecticut () is the southernmost state in the New England region of the Northeastern United States. It is bordered by Rhode Island to the east, Massachusetts to the north, New York to the west, and Long Island Sound to the south. Its cap ...
, the
Food and Drug Administration The United States Food and Drug Administration (FDA or US FDA) is a List of United States federal agencies, federal agency of the United States Department of Health and Human Services, Department of Health and Human Services. The FDA is respon ...
(FDA), and the CDC enabled the FDA to confirm that the sources of the outbreak of illnesses caused by ''
Salmonella typhimurium ''Salmonella enterica'' subsp. ''enterica'' is a subspecies of ''Salmonella enterica'', the rod-shaped, flagellated, aerobic, Gram-negative bacterium. Many of the pathogenic serovars of the ''S. enterica'' species are in this subspecies, includin ...
'' were peanut butter, peanut paste, and peanut meal produced by the Peanut Corporation of America (PCA) at its Blakely, Georgia, processing plant. On February 7, 2009,
Oregon Oregon () is a U.S. state, state in the Pacific Northwest region of the Western United States. The Columbia River delineates much of Oregon's northern boundary with Washington (state), Washington, while the Snake River delineates much of it ...
officials confirmed the first case of
salmonellosis Salmonellosis, more commonly known as food poisoning is a symptomatic infection caused by bacteria of the ''Salmonella'' type. It is also a food-borne disease and are defined as diseases, usually either infectious or toxic in nature, caused by a ...
in a dog that had eaten biscuits contaminated with the PCA-produced peanut products.First animal injured in Salmonella outbreak
''
USA Today ''USA Today'' (stylized in all uppercase) is an American daily middle-market newspaper and news broadcasting company. Founded by Al Neuharth on September 15, 1982, the newspaper operates from Gannett's corporate headquarters in Tysons, Virgini ...
'', February 7, 2009
The company issued a statement categorically denying the allegations;FDA: Peanut plant knew product was tainted with ''Salmonella''
CNN, January 28, 2009
Company lied to FDA about tainted peanut butter, agency says
''
Los Angeles Times The ''Los Angeles Times'' (abbreviated as ''LA Times'') is a daily newspaper that started publishing in Los Angeles in 1881. Based in the LA-adjacent suburb of El Segundo since 2018, it is the sixth-largest newspaper by circulation in the Un ...
'', February 6, 2009
in January 2009, it shut down production and laid off 50 employees at the Blakely plant.Georgia peanut region concerned about Salmonella outbreak's long-term impact
''
Chicago Tribune The ''Chicago Tribune'' is a daily newspaper based in Chicago, Illinois, United States, owned by Tribune Publishing. Founded in 1847, and formerly self-styled as the "World's Greatest Newspaper" (a slogan for which WGN radio and television ar ...
'', February 5, 2009
Salmonella-tainted peanut products spark public fury
''
The Atlanta Journal-Constitution ''The Atlanta Journal-Constitution'' is the only major daily newspaper in the metropolitan area of Atlanta, Georgia. It is the flagship publication of Cox Enterprises. The ''Atlanta Journal-Constitution'' is the result of the merger between ...
'', February 1, 2009


Recall

This contamination event triggered the most extensive
food recall A product recall is a request from a manufacturer to return a product after the discovery of safety issues or product defects that might endanger the consumer or put the maker/seller at risk of legal action. The recall is an effort to limit ruin ...
ever in U.S. history. As of April 22, 2009, it involved at least 361 companies and 3,913 different products manufactured using PCA ingredients.Peanut Butter and other Peanut Containing Products Recall List (Current Update)
Food and Drug Administration
The recall included everything produced at the Blakely plant since January 1, 2007,Peanut Corp. recalls all products back to 2007
MSNBC MSNBC (originally the Microsoft National Broadcasting Company) is an American news-based pay television cable channel. It is owned by NBCUniversala subsidiary of Comcast. Headquartered in New York City, it provides news coverage and politi ...
, January 28, 2009
Peanut product recalls spread fast
''
USA Today ''USA Today'' (stylized in all uppercase) is an American daily middle-market newspaper and news broadcasting company. Founded by Al Neuharth on September 15, 1982, the newspaper operates from Gannett's corporate headquarters in Tysons, Virgini ...
'', February 1, 2009
Peanut Product Recall Widened After Site Visit to Georgia Plant
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, January 28, 2009
Mold and Roaches Found in Peanut Butter Plant Linked to Salmonella
''
The Wall Street Journal ''The Wall Street Journal'' is an American business-focused, international daily newspaper based in New York City, with international editions also available in Chinese and Japanese. The ''Journal'', along with its Asian editions, is published ...
'', January 29, 2009
as well as everything ever produced at the Plainview, Texas, plant.Texas health department takes over peanut recall
CNN CNN (Cable News Network) is a multinational cable news channel headquartered in Atlanta, Georgia, U.S. Founded in 1980 by American media proprietor Ted Turner and Reese Schonfeld as a 24-hour cable news channel, and presently owned by ...
, February 20, 2009
Products supplied for some school lunches were pulled, and the
Federal Emergency Management Agency The Federal Emergency Management Agency (FEMA) is an agency of the United States Department of Homeland Security (DHS), initially created under President Jimmy Carter by Presidential Reorganization Plan No. 3 of 1978 and implemented by two Exec ...
(FEMA) even recalled emergency meals sent after a massive ice storm.Schools, disaster victims may have gotten tainted peanut butter
''
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'', February 5, 2009
(Since the storm left many without power, the
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went door-to-door in
Kentucky Kentucky ( , ), officially the Commonwealth of Kentucky, is a state in the Southeastern region of the United States and one of the states of the Upper South. It borders Illinois, Indiana, and Ohio to the north; West Virginia and Virginia to ...
to warn residents and hand out 600,000 flyers from FEMA.Postal Workers Warn Kentuckians Of Peanut Recall
WTVW WTVW (channel 7) is a television station in Evansville, Indiana, United States, serving as a ''de facto'' owned-and-operated station of The CW. It is owned by Mission Broadcasting, which maintains a shared services agreement (SSA) with Nexsta ...
, IN, February 9, 2009
) Food banks nationwide had to discard thousands of pounds of food in time of high demand from millions of U.S. families in need.Food banks toss out food linked to peanut recall
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, February 15, 2009
The recall did not involve major-brand peanut butters, since PCA primarily served only low-budget and institutional providers, but many consumers reacted by avoiding peanut products altogether, driving down the sales of all brands of peanut butter by nearly 25%.Sales Drop 25% as Parents Shun Peanut Butter
''
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'', February 6, 2009
Survey: peanut recall known but misunderstood
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, February 13, 2009
This caused great harm to the industry and farmers, already suffering from low prices due to the 2008
bumper crop In agriculture, a bumper crop is a crop that has yielded an unusually productive harvest. The word "bumper" in this context comes from a usage that means "something unusually large", which is where this term comes from. Though very productive har ...
and the deepening economic crisis.Georgia’s peanut farmers in their ‘darkest year’
''
The Atlanta Journal-Constitution ''The Atlanta Journal-Constitution'' is the only major daily newspaper in the metropolitan area of Atlanta, Georgia. It is the flagship publication of Cox Enterprises. The ''Atlanta Journal-Constitution'' is the result of the merger between ...
'', February 6, 2009
State’s farmers take early blow
''
The Atlanta Journal-Constitution ''The Atlanta Journal-Constitution'' is the only major daily newspaper in the metropolitan area of Atlanta, Georgia. It is the flagship publication of Cox Enterprises. The ''Atlanta Journal-Constitution'' is the result of the merger between ...
'', February 8, 2009
Nation's peanut growers reeling from outbreak
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, February 16, 2009
Early estimated losses to the U.S. peanut industry because of this outbreak would be on the order of $1 billion.Reuters
Recall costs peanut industry $1 billion,
Reuters Reuters ( ) is a news agency owned by Thomson Reuters Corporation. It employs around 2,500 journalists and 600 photojournalists in about 200 locations worldwide. Reuters is one of the largest news agencies in the world. The agency was estab ...
, March 1outbreak strain of Salmonella.


2009 investigations


Georgia


Journalistic

Following initial reporting of the contamination's source, reporters and investigators began taking a careful look at the sites run by PCA. ''
The Washington Post ''The Washington Post'' (also known as the ''Post'' and, informally, ''WaPo'') is an American daily newspaper published in Washington, D.C. It is the most widely circulated newspaper within the Washington metropolitan area and has a large nati ...
'' reported on February 14, 2009, the view of David Brooks, a buyer for a snack company that had visited PCA facilities in the mid-1980s (when PCA was under Hugh Parnell's control), that "everybody in the peanut industry" in the states involved (Georgia, Virginia, and Texas) knew of the serious sanitation issues associated with PCA; Brooks went on to state that PCA was "a time bomb waiting to go off." Former employees interviewed by the ''
Chicago Tribune The ''Chicago Tribune'' is a daily newspaper based in Chicago, Illinois, United States, owned by Tribune Publishing. Founded in 1847, and formerly self-styled as the "World's Greatest Newspaper" (a slogan for which WGN radio and television ar ...
'' stated that conditions in the plant were "filthy and nasty", and that they would never eat the peanut butter or allow their children to eat it. One employee remembered seeing a family of baby mice in a tote of peanuts, and others recalled having to step over standing water inside the building after heavy rain.Inside 'nasty' nut processor - Ex-employees say rodents, roaches and mold commonplace
''
Chicago Tribune The ''Chicago Tribune'' is a daily newspaper based in Chicago, Illinois, United States, owned by Tribune Publishing. Founded in 1847, and formerly self-styled as the "World's Greatest Newspaper" (a slogan for which WGN radio and television ar ...
'', February 3, 2009
Another former employee told
CBS News CBS News is the news division of the American television and radio service CBS. CBS News television programs include the ''CBS Evening News'', ''CBS Mornings'', news magazine programs '' CBS News Sunday Morning'', '' 60 Minutes'', and '' 48 H ...
that he saw a rat dry-roasting in a peanut area.Worker: I Saw Rat Roasting In Peanut Plant
CBS News, February 3, 2009
Another told
ABC News ABC News is the news division of the American broadcast network ABC. Its flagship program is the daily evening newscast ''ABC World News Tonight, ABC World News Tonight with David Muir''; other programs include Breakfast television, morning ...
that workers had no idea the company had positive ''Salmonella'' tests because "that information is not for the average employee to see."Lawmakers Examine Peanut Recall
ABC News ABC News is the news division of the American broadcast network ABC. Its flagship program is the daily evening newscast ''ABC World News Tonight, ABC World News Tonight with David Muir''; other programs include Breakfast television, morning ...
, February 11, 2009


Food and Drug Administration

Food and Drug Administration The United States Food and Drug Administration (FDA or US FDA) is a List of United States federal agencies, federal agency of the United States Department of Health and Human Services, Department of Health and Human Services. The FDA is respon ...
(FDA) inspectors reported, following a two-week inspection of the Blakely, Georgia, plant in January 2009, that the company had information that its peanut-butter products were tainted with ''Salmonella'', but shipped them anyway after "retesting" them. This occurred at least 12 times in 2007 and 2008.Federal Inspectional Report
Form 483 issued by Food and Drug Administration, January 28, 2009 and amendment
Gov't launches criminal probe in peanut recall
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, January 30, 2009
FDA: Peanut Plant Knowingly Shipped Contaminated Products
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, January 29, 2009
FDA: Peanut processor found Salmonella, shipped anyway
''
USA Today ''USA Today'' (stylized in all uppercase) is an American daily middle-market newspaper and news broadcasting company. Founded by Al Neuharth on September 15, 1982, the newspaper operates from Gannett's corporate headquarters in Tysons, Virgini ...
'', January 27, 2009
Peanut Company Knew Its Plant Was Contaminated With Salmonella
U.S. News & World Report, January 28, 2009
FDA inspectors also found mold growing on the plant's ceiling and walls, foot-long gaps in its roof, dead insects near peanuts, and holes in the plant big enough for rodents to enter. Inspectors found that the company also did not clean its equipment after finding contamination, and did not properly segregate raw and finished products.Salmonella Was Found at Peanut Plant Before
''The New York Times'', January 28, 2009
FDA report finds multiple problems at peanut plant
Associated Press The Associated Press (AP) is an American non-profit news agency headquartered in New York City. Founded in 1846, it operates as a cooperative, unincorporated association. It produces news reports that are distributed to its members, U.S. newspa ...
, January 28, 2009
In 2007, the company shipped chopped peanuts on two occasions even after ''Salmonella'' was confirmed by private lab tests.Products shipped even when they failed
''
The Atlanta Journal-Constitution ''The Atlanta Journal-Constitution'' is the only major daily newspaper in the metropolitan area of Atlanta, Georgia. It is the flagship publication of Cox Enterprises. The ''Atlanta Journal-Constitution'' is the result of the merger between ...
'', February 7, 2009
The company had previously refused to divulge production test records until federal officials invoked the food safety provisions of a federal antiterrorism law (the 2002
Public Health Security and Bioterrorism Preparedness Response Act Signed into effect on 12 June 2002, the Public Health Security and Bioterrorism Preparedness and Response Act of 2002, (PHSBPRA) was signed by the President, the Department of Health and Human Services ( DHHS) and the U.S. Department of Agriculture ...
).Lawmakers: Food safety fixes need push from Obama
Associated Press The Associated Press (AP) is an American non-profit news agency headquartered in New York City. Founded in 1846, it operates as a cooperative, unincorporated association. It produces news reports that are distributed to its members, U.S. newspa ...
, February 6, 2009
As a result of this refusal and the incident in general, the
Georgia State Senate The Georgia State Senate is the upper house of the Georgia General Assembly, in the U.S. state of Georgia. Legal provisions The Georgia State Senate is the upper house of the Georgia General Assembly, with the lower house being the Georgia ...
passed a bill requiring peanut product manufacturers to report any contamination within 24 hours, failing which felony charges would result.Georgia Lawmakers Take First Step in Toughening Law
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, February 19, 2009
On February 6, 2009, the FDA reported that the company shipped tainted products under three conditions: (1) without retesting, (2) before the retest results came back from an outside company, and (3) after a second test showed no bacterial contamination.FDA: Peanut plant knew product was tainted with Salmonella
CNN, February 6, 2009
In all three cases, the initial positive result means that the product should have been destroyed. Food safety experts say ''Salmonella'' can live in pockets of peanut butter, so that one batch could test both negative and positive. In that case, it should have been destroyed, they said.
''
The Washington Post ''The Washington Post'' (also known as the ''Post'' and, informally, ''WaPo'') is an American daily newspaper published in Washington, D.C. It is the most widely circulated newspaper within the Washington metropolitan area and has a large nati ...
'', February 3, 2009
Documents released February 11 by the U.S. House Energy and Commerce Committee showed that the company shipped products to customers even before receiving results of ''Salmonella ''tests, and the company stopped using a private laboratory because too many tests done there showed contamination.Peanut Corp. Ignored Salmonella Findings, Labs Say
Bloomberg Bloomberg may refer to: People * Daniel J. Bloomberg (1905–1984), audio engineer * Georgina Bloomberg (born 1983), professional equestrian * Michael Bloomberg (born 1942), American businessman and founder of Bloomberg L.P.; politician and m ...
, February 11, 2009
A lab tester told the House panel that the company discovered ''Salmonella'' at its Blakely plant as far back as 2006.


Texas

The company had operated a plant in Gorman, where the company originally started in 1977. David Brooks, the snack food company buyer interviewed by ''The Washington Post'' after the ''Salmonella'' outbreak, said that he inspected this plant three times on behalf of his company in the mid-1980s to determine whether to buy peanuts from PCA. The plant failed his private inspection each time for what he called "just filthy" conditions, including dusty beams, leaky roofs, and birds flying through the building. The Gorman operations transferred to Plainview when Hale County officials issued $2 million in tax-free revenue bonds to help the company convert a long vacant
Jimmy Dean Jimmy Ray Dean (August 10, 1928 – June 13, 2010) was an American country music singer, television host, actor and businessman. He was the creator of the Jimmy Dean sausage brand as well as the spokesman for its TV commercials. He became ...
sausage factory into a peanut plant. Local officials, including a county health inspector, toured the new plant and approved its opening, although the state said it never knew the plant existed. The plant was located along a major highway, across from a large Wal-Mart distribution center; it had four highly visible signs in the front and a billboard bearing a picture of a peanut. A state inspector who drove by the plant "a few times" on his way to other inspections never stopped because it was not on his list. State officials said the company was solely to blame for failing to obtain the food manufacturer's license when the Plainview plant opened. The company's plant in Plainview opened in March 2005 and employed 30 people, but was never licensed in that state as a food manufacturing facility; the state had not done any inspections until the problems with the Georgia plant became news. The Texas plant blanched, dry- and oil-roasted, and chopped peanuts, then shipped them to food companies across the country. The plant had been certified for organic production in November 2005, based on what state officials later called incomplete information obtained by an inspector with the
Texas Department of Agriculture The Texas Department of Agriculture (TDA) is a state agency within the state of Texas, which is responsible for matters pertaining to agriculture, rural community affairs, and related matters. It is currently headed by Agriculture Commissioner ...
. However, the company failed to apply for a Texas health certificate, which would have triggered a visit by state inspectors.All peanuts from Texas plant are recalled
Houston Chronicle The ''Houston Chronicle'' is the largest daily newspaper in Houston, Texas, United States. , it is the third-largest newspaper by Sunday circulation in the United States, behind only ''The New York Times'' and the ''Los Angeles Times''. With it ...
, February 12, 2009
State health officials were not aware the plant existed until the company released a list of its plants around the country. The Texas inspection in January 2009 found some unsanitary conditions, such as unclean sections of a peanut-roasting line. It also reported that several internal company laboratory tests dating back to November had found no ''Salmonella'' or other contaminants.Plainview peanut plant raises questions
Connect
Amarillo Amarillo ( ; Spanish language, Spanish for "yellow") is a city in the U.S. state of Texas and the county seat, seat of Potter County, Texas, Potter County. It is the List of cities in Texas by population, 14th-most populous city in Texas and th ...
, February 3, 2009
However, on February 10, 2009, company officials announced that the Texas plant had been shut down, after samples taken on February 4 tested positive for ''Salmonella''.Salmonella Fears Shutter Second Peanut Processing Plant
''
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'', February 10, 2009
Texas unit of Georgia peanut company halts operations
CNN, February 10, 2009
Former workers at the Texas plant interviewed by ''The New York Times'' said that the facility was "disgusting". It said the plant shared many of the problems found in the plant in Georgia, including a badly leaking roof and rodent infestation.
''The New York Times'', February 11, 2009
A former plant manager told ''
Good Morning America ''Good Morning America'' (often abbreviated as ''GMA'') is an American morning television program that is broadcast on ABC. It debuted on November 3, 1975, and first expanded to weekends with the debut of a Sunday edition on January 3, 1993. Th ...
'' that he had repeatedly complained to the company owner, Stewart Parnell, about unsanitary conditions, including "water leaking off a roof and bird feces washing in", but Parnell would not authorise money for necessary repairs.Former Manager Says Peanut Plant Complaints Ignored
ABC News ABC News is the news division of the American broadcast network ABC. Its flagship program is the daily evening newscast ''ABC World News Tonight, ABC World News Tonight with David Muir''; other programs include Breakfast television, morning ...
, February 16, 2009
On February 12, 2009, Texan health officials ordered an unprecedented recall of all products ever shipped from the Texas plant since it opened in 2005, after discovering that the plant's air-handling system was drawing in debris from a crawl space containing "dead rodents, rodent excrement and bird feathers" into production areas.Texas recalls all products from Salmonella-infected plant
''
USA Today ''USA Today'' (stylized in all uppercase) is an American daily middle-market newspaper and news broadcasting company. Founded by Al Neuharth on September 15, 1982, the newspaper operates from Gannett's corporate headquarters in Tysons, Virgini ...
'', February 12, 2009
Dead rodents, excrement in peanut processor lead to recall
CNN, February 12, 2009
State health officials said they issued the sweeping recall because they did not know how long the unsanitary conditions had existed at the plant.
Associated Press The Associated Press (AP) is an American non-profit news agency headquartered in New York City. Founded in 1846, it operates as a cooperative, unincorporated association. It produces news reports that are distributed to its members, U.S. newspa ...
via ''
The Washington Post ''The Washington Post'' (also known as the ''Post'' and, informally, ''WaPo'') is an American daily newspaper published in Washington, D.C. It is the most widely circulated newspaper within the Washington metropolitan area and has a large nati ...
'', February 13, 2009


Virginia

The PCA's peanut blanching operation in Suffolk, Virginia, employed 13 workers and was shut down the day PCA filed for bankruptcy.Peanut Firm Linked to Salmonella Closes Virginia Plant
''
The Wall Street Journal ''The Wall Street Journal'' is an American business-focused, international daily newspaper based in New York City, with international editions also available in Chinese and Japanese. The ''Journal'', along with its Asian editions, is published ...
'', February 17, 2009


Criminal proceedings


Georgia Investigation

Tommy Irvin Thomas Telford Irvin (July 14, 1929 – September 14, 2017) was an American politician who served as Georgia's Commissioner of Agriculture from 1969 until January 2011. Irvin holds a record as the longest-serving Commissioner of Agriculture in ...
, commissioner of the
Georgia Department of Agriculture The Georgia Department of Agriculture is the oldest state department of agriculture in the United States of America. Summary In 1874, the Georgia Department of Agriculture was established. The department regulates food, fiber, and the agricultura ...
(GDA), requested
criminal investigation Criminal investigation is an applied science that involves the study of facts that are then used to inform criminal trials. A complete criminal investigation can include searching, interviews, interrogations, evidence collection and preservat ...
of the
Georgia Bureau of Investigation The Georgia Bureau of Investigation (GBI) is the state bureau of investigation of the U.S. state of Georgia. It is an independent, statewide agency that provides assistance to Georgia's criminal justice system in the areas of criminal investiga ...
(GBI) as the organization responsible for inspections contracted by the FDA. GDA and GBI officials had said they would consider pursuing
manslaughter Manslaughter is a common law legal term for homicide considered by law as less culpable than murder. The distinction between murder and manslaughter is sometimes said to have first been made by the ancient Athenian lawmaker Draco in the 7th cen ...
charges if federal authorities did not take up the case. On January 30, 2009, federal health officials announced that a criminal investigation had been launched by the
U.S. Justice Department The United States Department of Justice (DOJ), also known as the Justice Department, is a federal executive department of the United States government tasked with the enforcement of federal law and administration of justice in the United States ...
for possible prosecution under provisions of the 1938
Federal Food, Drug, and Cosmetic Act The United States Federal Food, Drug, and Cosmetic Act (abbreviated as FFDCA, FDCA, or FD&C) is a set of laws passed by the United States Congress in 1938 giving authority to the U.S. Food and Drug Administration (FDA) to oversee the safety of f ...
.Feds rarely file charges in tainted food cases
Associated Press The Associated Press (AP) is an American non-profit news agency headquartered in New York City. Founded in 1846, it operates as a cooperative, unincorporated association. It produces news reports that are distributed to its members, U.S. newspa ...
, January 31, 2009
Federal criminal probe targets peanut plant
''
The Atlanta Journal-Constitution ''The Atlanta Journal-Constitution'' is the only major daily newspaper in the metropolitan area of Atlanta, Georgia. It is the flagship publication of Cox Enterprises. The ''Atlanta Journal-Constitution'' is the result of the merger between ...
'', January 31, 2009
FDA Investigating Peanut Company Behind Recall
''
The Washington Post ''The Washington Post'' (also known as the ''Post'' and, informally, ''WaPo'') is an American daily newspaper published in Washington, D.C. It is the most widely circulated newspaper within the Washington metropolitan area and has a large nati ...
'', January 31, 2009
On February 4, Georgia officials said they would not prosecute the company, because the two state laws under consideration (reckless conduct and adulteration of food) were only misdemeanors and would only allow for minor penalties. Vernon Keenan, director of the Georgia Bureau of Investigation, said: "Any potential prosecution is most appropriately handled at the federal level".


Federal Prosecution

On February 9, 2009, the
Federal Bureau of Investigation The Federal Bureau of Investigation (FBI) is the domestic intelligence and security service of the United States and its principal federal law enforcement agency. Operating under the jurisdiction of the United States Department of Justice, ...
(FBI) announced that it had joined with the FDA's Office of Criminal Investigations (FDA-OCI) as part of a criminal investigation of the company.FBI joins investigation of peanut-related illnesses
CNN, February 9, 2009
Search warrants were executed on the Blakely plant, as well as PCA's corporate headquarters in Lynchburg.FBI Issues Search Warrants In Peanut Case
WXIA-TV WXIA-TV (channel 11) is a television station in Atlanta, Georgia, United States, affiliated with NBC. It is owned by Tegna Inc. alongside MyNetworkTV affiliate WATL (channel 36). Both stations share studios at One Monroe Place on the north ...
, February 9, 2009
Following a raid by its agents, the Federal Agents sealed off the Blakely plant.FBI Seals Off Blakely, GA Peanut Plant
WJBF-TV WJBF (channel 6) is a television station in Augusta, Georgia, United States, affiliated with ABC and owned by Nexstar Media Group. The station's studios are located in Television Park, near the Augusta Mall in Augusta, and its transmitter is loc ...
, February 10, 2009
On February 21, 2013, four former officials of the company were named in a 75-count indictment on charges related to ''Salmonella''-tainted peanuts and peanut products. The former processing plant manager for Peanut Corporation, Samuel Lightsey, reached a plea agreement on May 8, 2014. Lightsey was then available to the government as a witness at the trial, scheduled to begin in July 2014.Former plant manager reaches plea agreement
/ref>


Convictions

Parnell and his brother were convicted in September 2014 of 71 criminal counts, including conspiracy, fraud and other federal charges. In July 2015, Federal authorities recommended a sentence of life imprisonment for Stewart Parnell. Both Daniel Kilgore and Samuel Lightsey (both former plant managers at PCA) pleaded guilty on their related charges and became government witnesses in the case, providing testimony during the 2014 trial, for consideration of limited sentencing.


Sentencing

In July 2015, federal authorities recommended a sentence of life imprisonment for Parnell. He faced a statutory maximum of 804 years in prison. On September 21, 2015, Parnell was sentenced to 28 years in prison, the longest punishment ever handed out to a producer in a U.S. foodborne illness case. His brother, Michael Parnell, was sentenced to 20 years in prison, and the plant's former quality assurance manager Mary Wilkerson was sentenced to five years. On October 1, 2015, Samuel Lightsey was sentenced to three years in prison and Daniel Kilgore was sentenced to six years in prison. Both men had agreed to cooperate with the government in exchange for leniency. U.S. District Judge W. Louis Sands stated during sentencing, "We place faith that no one would intentionally ship products to market that are contaminated…. Consumers are at the mercy of food producers for the safety of the products. These acts
f the convicted PCA executives F, or f, is the sixth letter in the Latin alphabet, used in the modern English alphabet, the alphabets of other western European languages and others worldwide. Its name in English is ''ef'' (pronounced ), and the plural is ''efs''. Hist ...
were driven by profit and the protection of profit … thus greed."
Sands told Stewart Parnell that he had "taken risks for years," that they were "eventually discovered and traced back" to his corporation, and that, unfortunately, "thousands of people suffered and nine died" from Parnell's knowing disregard for public health and safety. Judge Sands addressed Mary Wilkerson, Quality Assurance Manager for PCA, "You were aware of what was going on and played a role in concealing the problem. That was not actually a minor role in this case". The PCA case, according to Sands, was not about the "condemnation of peanuts or the peanut industry, but of a few individuals." The prosecution team asked the court to find that the Parnell brothers were flight risks and to deny them bail while they appeal their convictions. The prosecutors did not ask the same for Wilkerson. Judge Sands dismissed defense team allegations of prosecutorial misconduct and a "less-than-unbiased jury." He also addressed defense objections to the victims' testimony, citing their constitutional rights. The judge then announced that the character witnesses and families of the two Parnell brothers hurt their argument that the two men would not be a flight risk by talking about Stewart Parnell's hobby of being a licensed pilot and flying all over the country, their family resources, and their many connections around the world. Judge Sands ordered that the two Parnell brothers be taken into custody of the U.S. Marshals while allowing bail for Wilkerson (stating that she did not pose the same flight risk without the same access to resources) until the Bureau of Prisons directs her to appear at a specified time and place to begin her sentence.


Bankruptcy

On February 13, 2009, less than 24 hours after the Texas recall, Peanut Corporation of America announced it was permanently halting operations and filing for Chapter 7 bankruptcy. Bankruptcy lawyer Andrew Goldstein said that the company had considered filing for
Chapter 11 Chapter 11 of the United States Bankruptcy Code (Title 11 of the United States Code) permits reorganization under the bankruptcy laws of the United States. Such reorganization, known as Chapter 11 bankruptcy, is available to every business, wheth ...
, but decided to liquidate because all of its plants had been shut down and there was no way it could carry on business. Peanut Corp. to Liquidate Following Salmonella Deaths
Bloomberg Bloomberg may refer to: People * Daniel J. Bloomberg (1905–1984), audio engineer * Georgina Bloomberg (born 1983), professional equestrian * Michael Bloomberg (born 1942), American businessman and founder of Bloomberg L.P.; politician and m ...
, February 13, 2009
Consumers Union A consumer is a person or a group who intends to order, or uses purchased goods, products, or services primarily for personal, social, family, household and similar needs, who is not directly related to entrepreneurial or business activities. ...
criticised the move, saying that the bankruptcy filing would shield the company from liability suits,CU statement in response to PCA bankruptcy
Consumers Union A consumer is a person or a group who intends to order, or uses purchased goods, products, or services primarily for personal, social, family, household and similar needs, who is not directly related to entrepreneurial or business activities. ...
, February 13, 2009
although in reality, the bankruptcy filing merely delays any claims against the company.


Other federal action

Parnell served on the
U.S. Department of Agriculture The United States Department of Agriculture (USDA) is the federal executive department responsible for developing and executing federal laws related to farming, forestry, rural economic development, and food. It aims to meet the needs of comme ...
's Peanut Standards Board, which sets quality and handling standards for peanuts. He was first appointed by Agriculture Secretary
Mike Johanns Michael Owen Johanns ( ; born June 18, 1950) is an American attorney and politician who served as a United States Senator from Nebraska from 2009 to 2015. He served as the 38th governor of Nebraska from 1999 until 2005, and was chair of the Mi ...
to the position in 2005, and was reappointed for another term that would have expired in 2011, but on February 5, 2009, the USDA announced that the new Agriculture Secretary
Tom Vilsack Thomas James Vilsack (; born December 13, 1950) is an American politician serving as the 32nd United States Secretary of Agriculture in the Biden administration. He previously served in the role from 2009 to 2017 during the Obama administration. ...
had removed Parnell from the board.Small company in Salmonella scandal had wide reach
Associated Press The Associated Press (AP) is an American non-profit news agency headquartered in New York City. Founded in 1846, it operates as a cooperative, unincorporated association. It produces news reports that are distributed to its members, U.S. newspa ...
, February 7, 2009.
On February 5, 2009, the
U.S. Department of Agriculture The United States Department of Agriculture (USDA) is the federal executive department responsible for developing and executing federal laws related to farming, forestry, rural economic development, and food. It aims to meet the needs of comme ...
(USDA) announced that Peanut Corporation of America and a subsidiary, Tidewater Blanching LLC, were banned from all federal government contracts and subcontracts for one year, saying the company: "lacks business integrity and business honesty, which seriously and directly hinders its ability to do business with the federal government."Salmonella outbreak’s pain spreads
''
The Atlanta Journal-Constitution ''The Atlanta Journal-Constitution'' is the only major daily newspaper in the metropolitan area of Atlanta, Georgia. It is the flagship publication of Cox Enterprises. The ''Atlanta Journal-Constitution'' is the result of the merger between ...
'', February 6, 2009
Peanut Supplier Banned From Federal Business
''The New York Times'', February 5, 2009


Owner

Peanut Corporation of America was founded and originally owned by Hugh Parnell, father of Stewart Parnell, but by the time of the contamination scandal had passed to Stewart as sole owner,Peanut executive sentenced to 28 years
''
USA Today ''USA Today'' (stylized in all uppercase) is an American daily middle-market newspaper and news broadcasting company. Founded by Al Neuharth on September 15, 1982, the newspaper operates from Gannett's corporate headquarters in Tysons, Virgini ...
'', September 21, 2015.
and as president and CEO of the company.Troubled peanut firm’s chief also an industry quality adviser
''
The Atlanta Journal-Constitution ''The Atlanta Journal-Constitution'' is the only major daily newspaper in the metropolitan area of Atlanta, Georgia. It is the flagship publication of Cox Enterprises. The ''Atlanta Journal-Constitution'' is the result of the merger between ...
'', January 31, 2009.
Hugh Parnell started in the peanut business with Stewart Parnell and his two younger brothers in 1977; they took a struggling, $50,000-a-year peanut roasting operation and turned it into a $30 million business before selling the business in 1994–1995, after which Stewart Parnell continued on as a consultant until re-buying the Gorman, Texas, plant in 2000. In 2001, he bought the Blakely, Georgia, operation, when its operations consisted only of roasting and blanching peanuts. Parnell tripled revenue at the Blakely plant by 2004, turning its first profit in 15 years, with production regularly surpassing 2.5 million pounds of peanuts per month.Peanut Corporation of America's Blakely, Georgia Plant
Peanut Corporation of America website, retrieved February 8, 2009.
However, the FDA did not know that the plant manufactured peanut butter until the 2008-2009 outbreak.
''
The Atlanta Journal-Constitution ''The Atlanta Journal-Constitution'' is the only major daily newspaper in the metropolitan area of Atlanta, Georgia. It is the flagship publication of Cox Enterprises. The ''Atlanta Journal-Constitution'' is the result of the merger between ...
'', February 8, 2009.
The Parnells ran PCA on a very tight budget. The company under Hugh Parnell operated a bare-bones front office and used minimum-wage labor, a style that was continued by Stewart Parnell, who ran PCA from a converted garage behind his home in an upscale suburb outside of Lynchburg, Virginia, and continued to rely on minimum-wage labor. Despite more than 12 tests between 2007 and 2008 that showed ''Salmonella'' contamination in his company's products, Parnell wrote an email to company employees on January 12, 2009, that stated, "We have never found any salmonella at all. No salmonella has been found anywhere in our products or in our plants."Peanut Company Sent Products Before Test Results
''The New York Times'', February 11, 2009.
Parnell ordered products identified with ''Salmonella'' to be shipped and complained that tests discovering the contaminated food were "costing us huge $$$$$." In a June 2008 email exchange, Parnell complained to a worker after being notified that ''Salmonella'' had been found in more products. "I go thru this about once a week," he wrote. "I will hold my breath ... again."Peanut butter outbreak prompts tighter food safety
Associated Press, February 12, 2009.
After the company was identified as the source of the outbreak, Parnell pressed federal regulators to allow him to continue using peanuts from the tainted plant. He wrote that company executives "desperately at least need to turn the raw peanuts on our floor into money." Under Congressional
subpoena A subpoena (; also subpœna, supenna or subpena) or witness summons is a writ issued by a government agency, most often a court, to compel testimony by a witness or production of evidence under a penalty for failure. There are two common types of ...
, Parnell on February 11 appeared with his plant manager before a House Energy and Commerce subcommittee, but repeatedly refused to testify, citing their Fifth Amendment protection against self-incrimination.Peanut company owner refuses to testify
Associated Press The Associated Press (AP) is an American non-profit news agency headquartered in New York City. Founded in 1846, it operates as a cooperative, unincorporated association. It produces news reports that are distributed to its members, U.S. newspa ...
, February 11, 2009.
Peanut company officials spurn Congress' questions
CNN, February 11, 2009.
Among the questions they refused to answer was one from Rep.
Greg Walden Gregory Paul Walden (born January 10, 1957) is an American politician who served as the U.S. representative for from 1999 to 2021. He is a Republican. Walden is the son of three-term Oregon State Representative Paul E. Walden. In October 2019 ...
(R-Ore.): "In this container, are products that have your ingredients in them, some of which are on the recall list, some of which are probably contaminated. It seems like from what we've read you were willing to send out that peanut base that went into these ingredients. I just wonder, would either of you be willing to take the lid off and eat any of these products now like the people on the panel ahead of you, their relatives, their loved ones did?" Walden revealed an e-mail from Parnell, who, referring to products that had tested positive for Salmonella, wrote: "Let's turn them loose."Mr. (Tainted) Peanut Pleads the Fifth
''The Washington Post'', February 11, 2009.


Media

In 2015, Food Republic produced and aired ''Food Crimes'': "P.B. & Jail." On July 3, 2017, CNBC aired an episode of ''American Greed'': "From Peanuts to Sick Millions” ocumentary / Crime Season ll, Episode AG 141. A Food Safety Expert / Professor of food policy & regulatory compliance wrote a series of articles based on interviewing participants and being in the courtroom during the sentencing. He also focused on this event in his book on food safety*


References


External links


Peanut Corporation of America E-Mails

Peanut Butter Product Recalls (2009-01-29)
-
FDA The United States Food and Drug Administration (FDA or US FDA) is a federal agency of the Department of Health and Human Services. The FDA is responsible for protecting and promoting public health through the control and supervision of food ...

Multistate Outbreak of Salmonella Typhimurium Infections Linked to Peanut Butter, 2008-2009 (FINAL UPDATE)
-
CDC The Centers for Disease Control and Prevention (CDC) is the national public health agency of the United States. It is a United States federal agency, under the Department of Health and Human Services, and is headquartered in Atlanta, Georgi ...

Peanut Corporation of America

Peanut Corporation of America

PCA criminal case

PCA trial

PCA criminal appeal

Stewart Parnell , Fortune


— ''archived from 2009''. {{DEFAULTSORT:Peanut Corporation Of America Peanut production Defunct agriculture companies of the United States Food safety scandals Early County, Georgia Lynchburg, Virginia American companies established in 1976 Agriculture companies established in 1976 Food and drink companies established in 1976 Manufacturing companies established in 1976 Food and drink companies disestablished in 2009 Manufacturing companies disestablished in 2009 1976 establishments in Virginia 2009 disestablishments in Virginia Companies that have filed for Chapter 7 bankruptcy Defunct manufacturing companies based in Virginia Defunct food and drink companies of the United States